The melee erupted at around 3 a.m. on Aug. 8, 2010 during a block party in Harlem. Alvarez, 24, got into a fight with Luis Soto and wrestled a gun away from him. Police responded to the fight and a hail of bullets rang out. Soto, the man Alvarez was fighting, was killed.

Prosecutors said Soto was killed by police bullets but officers argued Alvarez was also firing a gun. Alvarez miraculously survived a hail of police gunfire. Three bystanders and two police officers were wounded as police fired 46 bullets.

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